Portsmouth city attorney to research appeal of Sea-3 decision

PORTSMOUTH — City Councilors unanimously voted to instruct City Attorney Bob Sullivan to look at the decision made by the Newington Planning Board to approve Sea-3's expansion plan and see if there are any grounds for appeal.

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By Jeff McMenemy

seacoastonline.com

By Jeff McMenemy

Posted May. 20, 2014 at 2:00 AM

By Jeff McMenemy
Posted May. 20, 2014 at 2:00 AM

» Social News

PORTSMOUTH — City Councilors unanimously voted to instruct City Attorney Bob Sullivan to look at the decision made by the Newington Planning Board to approve Sea-3's expansion plan and see if there are any grounds for appeal.

The council will meet with Sullivan in private session on June 2 to hear his advice, followed by a public discussion about whether to file an appeal.

Assistant Mayor Jim Splaine made the motion to have Sullivan study the Newington Planning Board's decision after learning it had approved Sea-3's expansion plan.

By having Sullivan study the board's decision, the council would have time to make sure it has "some strategy" before it files an appeal, Splaine said.

City Councilor Jack Thorsen said he thought it was important for the city to take some action to show city residents the council "cares about what's going on here."

On Monday night, the Newington Planning Board unanimously approved the proposal by Sea-3 to expand its propane terminal in Newington so it can receive domestic propane, which is substantially less expensive than paying for propane received from overseas.

But that means there will be substantially more rail cars carrying propane on area tracks, which numerous city officials and residents have raised concerns about, saying they are not sure if the tracks owned by Pan Am Railways are in good enough condition to handle the increased traffic.

Pan Am Railways Executive Vice President Cynthia Scarano has promised the railroad will upgrade the rail line carrying the propane from Class 1 to Class 2.

By moving to a Class 2 line, trains could travel up to 25 mph, but Scarano said it is Pan Am's intention to operate the cars at a maximum of 10 mph, while repeatedly warning that might not always be the case.

After Monday night's council meeting, Sullivan declined to comment on any specifics about the potential appeal. But he acknowledged during his 32 years with the city, Portsmouth has never filed an appeal of a decision made by a board in a neighboring community.

During the hearing, City Councilor Brad Lown said he supported the decision to have Sullivan consider the possibility of an appeal, calling it a "sensible idea."

He noted that the situation is so complex because it's really "a federal, state and local issue."

City Councilor Stefany Shaheen also urged city officials to consider the idea of working with other communities who have been affected by the decision.

The rail lines carrying the propane are also in Greenland and Stratham.

"Can we take a leadership role in a coalition of communities?" Shaheen asked Monday during the City Council meeting in City Hall.

She suggested looking at taking legal action as a group of communities.

"This isn't going to go away ... in the near term what other things can we do to address it," Shaheen said.

During public comment Monday, Rich DiPentima, a city resident who has led the fight against the Sea-3 expansion, reminded the council that since the Newington Planning Board has approved the project, the city has only 30 days to file an appeal.

He told the council that the city "must protect our own interests, because Newington will not do it for us."

"Some of you have questioned whether we can win an appeal in court," DiPentima said. "This is a fair question, but not the right question. What should be asked is whether appealing this decision is the right thing to do to protect our city. If you do not appeal, you have zero chance of winning."